General Terms and Conditions LANSOL GmbH |
as of 08. Jun 16
|
1.1 regify Provider LANSOL GmbH, Rheingönheimer Weg 13, 67117 Limburgerhof, Germany, shall provide the services specified in the respective and applicable performance description vis-à-vis its Customer pursuant to the ensuing General Terms and Conditions, a - principally electronically – completed order form, the respective and applicable performance description, and the respective and applicable price list. In the event of contradictions between the General Terms and Conditions, the conditions in the respective order form and in the respective performance description, the following sequence shall apply: Order form, General Terms and Conditions, Performance Description. All aforesaid documents are accessible on the Internet on the regify provider’s web portal in their respective and applicable versions. The conditions respectively published at the time of the conclusion of the contract shall apply.
1.2 Deviating Terms and Conditions of the Customer shall not apply. They shall be inapplicable also without any explicit objection by regify Provider.
2.1 regify Provider offers its Customers trusted e-communication and e-collaboration services (regify services). The regify software causes encryption and decryption keys to be generated that are handled by an independent clearing service (regify Clearing Service) together with anonymized meta data. Applied methods ensure that only authorized Customers can access data. Also, verifiability is ensured based on meta data. The Customer can use one or more regify services with the regify software.
2.1.1 regibox: with regibox, data of the Customer is locally encrypted and then transmitted via a web service. The regify software synchronises, encrypts and decrypts and also provides functionality for the management of Customers. The unique regibox key of each regibox is stored in the regify clearing service as well as the keys of electronic invitations to the regibox service.
2.1.2 regimail, regipay and regibill premium: for these regify services, the text of a message and the attachments are encrypted and are sent as an encrypted regify file attached to an e-mail. For each transaction, the regify software generates unique keys on the side of the sender which are automatically managed by the regify clearing service and made available to the addressee. A security mechanism ensures integrity of the transmitted data and that only the addressee can open the message, thereby generation a reading confirmation.
2.1.3 regibill standard and regibill premium: prior to sending of the PDF documents, these regify services for electronic invoices add a verification tag. In a verification process with the regify clearing service, this tag enables verification of the issuer identity and integrity of the documents in the context of EU requirements for electronic invoices.
2.1.4 regichat: this regify service enables an electronic chat with verifiable chat transcript. At the end of each chat session, the chat transcript will be sent to the chat participants as a regimail message.
3.1 Using an electronic order form on the regify Provider’s portal, the Customer applies for the use of the regify services (registration). The application requires the confirmation of the order by regify Provider, which may be given by fax, by e-mail, or by clearing the access to the regify system by assignment of a password.
3.2 The use of the regify services is conducted on a usage dependent basis, based on advance payment and the respective applicable price list. Unless otherwise expressly agreed, payment shall be made electronically by use of standard payment methods (such as Credit Card, EC card, or by direct debit authorization). Upon request, the Customer shall receive an invoice for the services used.
4.1 Unless otherwise specifically stipulated in the respective order form, the contract shall be concluded for an indefinite term as of conclusion, and may be terminated by any of the parties with a termination term of one month to the end of the month.
4.2 Termination may be in writing, by Telefax, or by e-mail.
5.1 The regify services increase the security and the value of burden of proof with regards to exchange of electronic documents and the conclusion of electronic declarations. However, no guarantee is assumed for any court of any legal system to allow regify services as appropriate evidence (increased legal certainty).
5.2 The regify Provider provides its services using a web-based tool. The reachability of the web-based portal therefore depends on the dial-in setup provided by the Customer's provider of telecommunication services line and network as used by the Customer. The reachability of the web-based portal may thus be limited by the technical circumstances of the Customer's provider of the telecommunication network. regify Provider does not assume responsibility for the aforesaid.
5.3 The web-based portal shall be principally accessible for the Customer on an annual average of 24 hours per day, with an average annual availability of 99.9%. The limitation of availability may result from maintenance and servicing of the web-based tool (maintenance work), which would cause interruptions of access to the web-based tool for the duration of the maintenance work.
5.4 To the extent to which the Customer is provided with a software download for the use of the regify-Services, particularly the web-based portal, the Customer shall receive the non-exclusive right, limited to the duration of this contract, to use the end customer component of the software (client software) as required for the usage in the aforesaid scope. Authorized usage of software within the meaning of the contract shall thus consist only of the retrieval of the services provided by the software. The transfer, or further reaching usage of the respectively implemented software program itself, is not subject matter of the contract.
5.5 regify Provider shall be entitled, from time to time, to technically modify the regify-Services. regify Provider hereby reserves the right to limit its support of legacy versions for a period of only 6 months following notification (end-of-life).
6.1 The Customer shall install the regify system on his system at his own responsibility. regify Provider shall not assume any responsibility for data loss or other damages that might occur in the context with this installation at the Customer, unless such loss or damages are provable results of technical faults in the regify system.
6.2 The Customer shall promptly inform regify Provider of any change to his name, place of residence or business, e-mail address, legal form and/or – if required – his invoicing address or bank details.
6.3 Regify provider will store data (regibox data, protocols, etc.) only for reasons of operating the regify services. Such storage does not include archiving of the data of the Customer. The Customer is responsible for storing regibox and other data that is transmitted and handled by regify services. Such data is available for the Customer on his devices. The regify provider neither has access to the keys of messages, nor has the regify provider access to contents of regiboxes. For security reasons, personal Customer data is only stored on the devices of the Customer. Consequently, such data cannot be recuperated by the regify provider in case of a loss.
6.4 The Customer undertakes,
6.5. A violation of the aforesaid regulations shall entitle regify Provider to immediate deactivation of the Customer, and to immediate termination of the contractual relationship.
7.1 regify Provider shall collect, process and use personal data subject to the provisions of the data protection law, and in observation of the secrecy of telecommunications. Thereby any inventory data and traffic data collected from the Customer shall only be collected and processed to the extent to which it is required for proper execution of the contractual relationship.
7.2 regify Provider shall be liable for loss of data only in the framework of liability pursuant to section 8.
7.3 regify Provider shall limit availability of transaction data of regify-enabled communication (time of transmission/receipt, reading confirmation) on its web based portal to the duration of this agreement. Following termination of the contract, regify Provider shall delete any such data.
8.1 The following provisions regulate comprehensively the liability of regify Provider vis-a-vis the Customer in the context of this contract. Said provisions shall apply regardless of whether the liability arises from an action or a forbearance, or whether it was caused by the regify Provider himself or by his legal representatives, senior employees, organs or any other employee.
8.2 The liability of regify Provider, regardless of the legal ground, is limited to damages caused by gross negligence and willfully, as far as the following liability regulations do not determine otherwise. In the event of ordinary negligence, regify Provider shall be liable only insofar, as an obligation has been violated, the fulfillment of which constitutes a precondition for the execution of the contract, the violation of which jeopardizes the obtainment of the purpose of the contract, and on the compliance of which the customer relies. However, liability for material and monetary damages shall in such an event be limited to a maximum amount of Euro 2,500.00 per damaging event, and within a period of 12 calendar months to a maximum amount of Euro 10,000.00. Liability for indirect or consequential damages shall be excluded in any event. The aforesaid does not apply to cases of intent.
8.3 The statutory liability of regify Provider pursuant to the Law of Product Liability and other compulsory statutory liability regulations regarding the statutory liability for physical injuries caused by regify Provider (with or without lethal consequences) remains unaffected.
regify Provider shall be entitled to block access to its services in whole or in part, if
10.1 regify Provider shall be entitled to transfer rights and obligations arising from this contract, in parts or in whole, to companies affiliated with regify Provider. regify Provider shall notify the Customer accordingly.
10.2 Any mutual declarations pursuant to this contract may be submitted by the parties in writing, by telefax or in text form (e-mail etc.)
10.3 Legal venue for all disputes is Duesseldorf insofar as the Customer is a fully qualified merchant, and the contract is part of the operation of his commercial enterprise. regify Provider may also assert its claims at the courts of the Customer's general legal venue. Any exclusive legal venue remains unaffected thereof.
10.4 In the event that any individual provision of this contract is held to be or become invalid, this shall not affect the legal validity of the remaining provisions. In replacement of the invalid provision, a valid provision shall be agreed upon resembling the mutually desired as economically close as possible. The same applies to the completion of any legal gaps.
10.5 The exclusively applicable law for all legal relationships between regify Provider and the Customer shall be the law of Germany under exclusion of the UN Sales Law (CISG) or any other international conventions.